House Report 115-350 - THE INDIANA DUNES NATIONAL PARK ACT

[House Report 115-350]
[From the U.S. Government Publishing Office]

115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-350
======================================================================

THE INDIANA DUNES NATIONAL PARK ACT

_______

October 19, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following

R E P O R T

[To accompany H.R. 1488]

[Including cost estimate of the Congressional Budget Office]

The Committee on Natural Resources, to whom was referred
the bill (H.R. 1488) to retitle Indiana Dunes National
Lakeshore as Indiana Dunes National Park, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Indiana Dunes National Park Act''.

SEC. 2. INDIANA DUNES NATIONAL LAKESHORE RETITLED AS INDIANA DUNES
NATIONAL PARK.

(a) In General.--Public Law 89-761 (16 U.S.C. 460u et seq.) is
amended--
(1) by striking ``National Lakeshore'' and ``national
lakeshore'' each place it appears and inserting ``National
Park''; and
(2) by striking ``lakeshore'' each place it appears and
inserting ``Park''.
(b) Nonapplication.--The amendment made by subsection (a)(1) shall
not apply to the title of the map referred to in the first section of
Public Law 89-761 (16 U.S.C. 460u), or to the title of the maps
referred to in section 4 of Public Law 89-761 (16 U.S.C. 460u-3).

Purpose of the Bill

The purpose of H.R. 1488 is to retitle Indiana Dunes
National Lakeshore as Indiana Dunes National Park.

Background and Need for Legislation

Indiana Dunes National Lakeshore was established by
Congress in 1966 through Public Law 89-761. The designation of
the national lakeshore as a unit of the National Park System
was the culmination of decades of work by conservationists,
area residents and elected officials. The law included 8,330
acres of land and water. The National Park Service and
conservation advocates continued to seek expansion of the
boundaries, and five subsequent expansion bills increased the
size of the national lakeshore to more than 15,000 acres.\1\
---------------------------------------------------------------------------
\1\Public Law 94-549, Public Law 96-612, Public Law 97-356, Public
Law, 99-583, and Public Law 102-430.
---------------------------------------------------------------------------
Proponents of redesignating the national lakeshore as a
national park note that Stephen Mather, the first Director of
the National Park Service, originally had plans to create a
``Sand Dunes National Park''. In October 1916, shortly after
the National Park Service was established, Director Mather held
hearings in Chicago to gauge public sentiment on a ``Sand Dunes
National Park''. In a Department of the Interior report
published after the hearings, Director Mather stated, ``No
national park or other Federal reservation offers this
phenomenon for the pleasure and edification of the people, and
no national park is as accessible. Furthermore, the dunes offer
to the visitor extraordinary scenery, a large variety of plant
life, magnificent bathing beaches, and splendid opportunities
to camp and live in the wild country close to nature.''\2\
Despite Director Mather's support, the national park proposal
was abandoned at the onset of World War I. Several years later,
in 1925, Indiana Dunes State Park was established.
---------------------------------------------------------------------------
\2\ Stephen T. Mather, ``Report on the Proposed Sand Dunes National
Park Indiana.'' (1917), available at http://npshistory.com/
publications/sand-dunes-np.pdf.
---------------------------------------------------------------------------
Redesignation of the national lakeshore as a national park
would make Indiana Dunes the 60th national park in the United
States. Although there is no statutory definition of a national
park, they are typically considered the ``crown jewels'' of the
park system. National parks are generally large, diverse areas
with outstanding natural features and ecological resources.
Proponents argue that national park status gives greater
recognition to the dunes and will potentially draw more
visitors and boost the local economy.

Committee Action

H.R. 1488 was introduced on March 9, 2017, by Congressman
Peter J. Visclosky (D-IN). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands. On October 3, 2017, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. Congressman Rob Bishop (R-
UT) offered an amendment designated #1; it was adopted by voice
vote. No further amendments were offered, and the bill, as
amended, was ordered favorably reported to the House of
Representatives by voice vote on October 4, 2017.

Committee Oversight Findings and Recommendations

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.

Compliance With House Rule XIII and Congressional Budget Act

1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, October 17, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1488, the Indiana
Dunes National Park Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall, Director.
Enclosure.

H.R. 1488--The Indiana Dunes National Park Act

H.R. 1488 would redesignate the Indiana Dunes National
Lakeshore, an existing unit of the National Park Service (NPS)
system, as the Indiana Dunes National Park.
Redesignating the site may require NPS to update maps,
handouts, and signage. On the basis of the costs of similar
tasks, CBO estimates that those costs would be insignificant
and would be subject to the availability of appropriated funds.
Enacting H.R. 1488 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 1488 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 1488 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to retitle Indiana Dunes National
Lakeshore as Indiana Dunes National Park.

Earmark Statement

This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.

Compliance With Public Law 104-4

This bill contains no unfunded mandates.

Compliance With H. Res. 5

Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.

Preemption of State, Local or Tribal Law

This bill is not intended to preempt any State, local or
tribal law.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):

PUBLIC LAW 89-761

AN ACT To provide for the establishment of the Indiana Dunes National
Lakeshore, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, In order to
preserve for the educational, inspirational, and recreational
use of the public certain portions of the Indiana dunes and
other areas of scenic, scientific, and historic interest and
recreational value in the State of Indiana, the Secretary of
the Interior is authorized to establish and administer the
Indiana Dunes [National Lakeshore] National Park (hereinafter
referred to as the ``[lakeshore] Park'') in accordance with the
provisions of this Act. The [lakeshore] Park shall comprise the
area within the boundaries delineated on a map identified as
``Boundary Map, Indiana Dunes [National Lakeshore] National
Park'', dated October 1992, and numbered 626-80,039-C, which
map is on file and available for public inspection in the
office of the Director of the National Park Service, Department
of the Interior.
Sec. 2. (a) Within the boundaries of the [lakeshore] Park the
Secretary of the Interior (hereinafter referred to as the
``Secretary'') is authorized to acquire lands, waters, and
other property, or any interest therein, by donation, purchase
with donated or appropriated funds, exchange, or otherwise. The
Indiana Dunes State Park may be acquired only by donation of
the State of Indiana, and the Secretary is hereby directed to
negotiate with the State for the acquisition of said park. In
exercising his authority to acquire property by exchange for
the purposes of this Act, the Secretary may accept title to
non-Federal property located within the area described in
section 1 of this Act and convey to the grantor of such
property any federally owned property under the jurisdiction of
the Secretary which he classifies as suitable for exchange or
other disposal within the State of Indiana or Illinois.
Properties so exchanged shall be approximately equal in fair
market value, as determined by the Secretary who may, in his
discretion, base his determination on an independent appraisal
obtained by him: Provided, That the Secretary may accept cash
from or pay cash to the grantor in such an exchange in order to
equalize the values of the properties exchanged. The Secretary
is expressly authorized to acquire by donation, purchase with
donated or appropriated funds, or exchange, lands or interests
therein which are owned for school or educational purposes by a
State or a political subdivision thereof.
(b) In exercising his authority to acquire property under
subsection (a) of this section, the Secretary may enter into
contracts requiring the expenditure, when appropriated, of
funds authorized to be appropriated by section 9 of this Act,
but the liability of the United States under any such contract
shall be contingent on the appropriation of funds sufficient to
fulfill the obligations thereby incurred.
Sec. 3. As soon as practicable after the effective date of
this Act, and following the acquisition by the Secretary of an
acreage within the boundaries of the area described in section
1 of this Act which in his opinion is efficiently administrable
for the purposes of this Act, he shall establish the Indiana
Dunes [National Lakeshore] National Park by publication of
notice thereof in the Federal Register. By no later than
October 1, 1977, the Secretary shall publish in the Federal
Register a detailed description of the boundaries of the
[lakeshore] Park and shall from time to time so publish any
additional boundary changes as may occur. Following such
establishment and subject to the limitations and conditions
prescribed in section 2 hereof, the Secretary may continue to
acquire lands and interests in lands for the [lakeshore] Park.
Sec. 4. As used in this Act, the term ``improved property''
means a detached, one-family dwelling which meets each of the
following criteria:
(1) The construction of the dwelling began before the
date (shown in the table contained in this section)
corresponding to the appropriate map.
(2) The property is located within the boundaries
delineated on the map described in such table which
corresponds to such date.
(3) The property is not located within the boundaries
of any other map referred to in such table which bears
an earlier date.
The term ``appropriate map'', means a map identified as
``Boundary Map--Indiana Dunes [National Lakeshore] National
Park '' (or ``A Proposed Indiana Dunes [National Lakeshore]
National Park '' in the case of a dwelling the construction of
which was begun before January 4, 1965) which is dated and
numbered as provided in the following table.

Property within boundaries of map Construction began before

Dated October 1992, No. 626-80,039-C October 1, 1991
Dated October 1986, No. 626-80,033-B February 1, 1986
Dated December 1980, No. 626-91014 January 1, 1981
Dated September 1976, No. 626-91007 February 1, 1973
Dated September 1966, No. LNPNE-1008-ID January 4, 1965

The term ``improved property'' also includes the lands on
which the dwelling is situated which meets both of the
following criteria:
(A) The land is in the same ownership as the
dwelling.
(B) The Secretary has designated the lands as
reasonably necessary for the enjoyment of the dwelling
for the sole purpose of noncommercial residential use.
Such term also includes any structures accessory to the
dwelling which are situated on the lands so designated. The
maps referred to in this section shall be on file and available
for public inspection in the Office of the Director of the
National Park Service, Department of the Interior. The
Secretary shall designate the land referred to in subparagraph
(B). The amount of land so designated shall in every case be
not more than three acres in area, and in making such
designation the Secretary shall take into account the manner of
noncommercial residential use in which the dwelling and land
have customarily been enjoyed: Provided, That the Secretary may
exclude from the land so designated any beach or waters,
together with so much of the land adjoining such beach or
waters, as he may deem necessary for public access thereto or
public use thereof. All rights of use and occupancy shall be
subject to such terms and conditions as the Secretary deems
appropriate to assure the use of such property in accordance
with the purposes of this Act.
Sec. 5. (a)(1) Except for owners described in paragraph (2)
and owners of improved property within the area on the map
referred to in the first section of this Act, dated December
1980, and numbered 626-91014, as area II-B, any owner or owners
of record of improved property may retain a right of use and
occupancy of said improved property for noncommercial
residential purposes for a term (A) ending on his or her death
or the death of his or her spouse, whichever occurs last, or
(B) for a fixed term not to extend beyond September 30, 2010,
or such lesser term as the owner or owners may elect at the
time of acquisition by the Secretary. In the case of improved
property within the boundaries of the map dated December 1980
and numbered 626-91014 the retention of a retained right under
clause numbered (A) shall only be available to homeowners of
record as of October 1, 1980, who have attained the age of
majority as of that date and make a bona fide written offer not
later than October 1, 1985, to sell to the Secretary. Where any
such owner retains a right of use and occupancy as herein
provided, such right during its existence may be conveyed or
leased for noncommercial residential purposes. The Secretary
shall pay to the owner the fair market value of the property on
the date of such acquisition, less the fair market value on
such date of the right retained by the owner.
(2)(A) In the case of property included within the boundaries
of the [lakeshore] Park after 1980, any owner or owners of
record of improved property may retain a right of use and
occupancy for noncommercial residential purposes for a term
ending at either of the following:
(i) A fixed term not to extend beyond
September 30, 2010, or such lesser fixed term
as the owner or owners may elect at the time of
acquisition.
(ii) A term ending at the death of any owner
or of a spouse of any owner, whichever occurs
last.
The owner shall elect the term to be reserved.
(B) The retention of rights under subparagraph (A) shall be
available only to individuals who are homeowners of record as
of July 1, 1986, who have attained the age of majority as of
that date and who make a bona fide written offer not later than
July 1, 1991, to sell to the Secretary.
(3)(A) In the case of improved property included within the
boundaries of the [lakeshore] Park after October 1, 1991, that
was not included within such boundaries on or before that date,
an individual who is an owner of record of such property may
retain a right of use and occupancy of such improved property
for noncommercial residential purposes for a term ending,
subject to subparagraph (B), at either of the following:
(i) A fixed term not to extend beyond October
1, 2020, or such lesser fixed term as the owner
may elect at the time of acquisition.
(ii) A term ending at the death of the owner
or the owner's spouse, whichever occurs later.
The owner or owners shall elect the term to be
reserved.
(B) Subparagraph (A)(ii) shall apply only to improved
property owned by an individual who--
(i) was an owner of record of the property as of
October 1, 1991;
(ii) had attained the age of majority as of that
date; and
(iii) made a bona fide written offer not later than
October 1, 1997, to sell the property to the Secretary.
(b) Upon his determination that the property, or any portion
thereof, has ceased to be used in accordance with the
applicable terms and conditions, the Secretary may terminate a
right of use and occupancy. Nonpayment of property taxes,
validly assessed, on any retained right of use and occupancy
shall also be grounds for termination of such right by the
Secretary. In the event the Secretary terminates a right of use
and occupancy under this subsection he shall pay to the owners
of the retained right so terminated an amount equal to the fair
market value of the portion of said right which remained
unexpired on the date of termination. With respect to any right
of use and occupancy in existence on the effective date of this
sentence, standards for retention of such rights in effect at
the time such rights were reserved shall constitute the terms
and conditions referred to in section 4.
(c) With respect to improved properties acquired prior to the
enactment of this subsection and upon which a valid existing
right of use and occupancy has been reserved for a term of not
more than twenty years, the Secretary may, in his discretion,
extend the term of such retained right for a period of not more
than nine years upon receipt of payment prior to September 30,
1983, from the holder of the retained right. The amount of such
payment shall be equivalent to the amount discounted from the
purchase price paid by the Secretary for the identical period
of time under the terms of the original sale adjusted by a
general index adopted by the Secretary reflecting overall value
trends within Indiana Dunes [National Lakeshore] National Park
between the time of the original sale and the time of the
retained right of extension offered by this subsection.
Sec. 6. In order that the [lakeshore] Park shall be
permanently preserved in its present state, no development or
plan for the convenience of visitors shall be undertaken
therein which would be incompatible with the preservation of
the unique flora and fauna or the physiographic conditions now
prevailing or with the preservation of such historic sites and
structures as the Secretary may designate: Provided, That the
Secretary may provide for the public enjoyment and
understanding of the unique natural, historic, and scientific
features within the [lakeshore] Park by establishing such
trails, observation points, and exhibits and providing such
services as he may deem desirable for such public enjoyment and
understanding: Provided further, That the Secretary may develop
for appropriate public uses such portions of the [lakeshore]
Park as he deems especially adaptable for such uses.
Sec. 7. (a) There is hereby established an Indiana Dunes
[National Lakeshore] National Park Advisory Commission. Said
Commission shall terminate on September 30, 1985.
(b) The Commission shall be composed of thirteen members,
each appointed for a term of two years by the Secretary, as
follows: (1) one member who is a year-round resident of Porter
County to be appointed from recommendations made by the
commissioners of such county; (2) one member who is a year-
round resident of the town of Beverly Shores to be appointed
from the recommendations made by the board of trustees of such
town; (3) one member who is a year-round resident of the towns
of Porter, Dune Acres, Pines, Chesterton, Ogden Dunes, or the
village of Tremont, such member to be appointed from
recommendations made by the boards of trustees or the trustee
of the affected town or township; (4) two members who are year-
round residents of the city of Michigan City to be appointed
from recommendations made by such city; (5) two members to be
appointed from recommendations made by the Governor of the
State of Indiana; (6) one member to be designated by the
Secretary; (7) two members who are year-round residents of the
city of Gary to be appointed from recommendations made by the
mayor of such city; (8) one member to be appointed from
recommendations made by a regional planning agency established
under the authority of the laws of the State of Indiana and
composed of representatives of local and county governments in
northwestern Indiana; (9) one member who is a year-round
resident of the city of Portage to be appointed from
recommendations made by the mayor of such city; and (10) one
member who holds a reservation of use and occupancy and is a
year-round resident within the [lakeshore] Park to be
designated by the Secretary.
(c) The Secretary shall designate one member to be Chairman.
Any vacancy in the Commission shall be filled in the same
manner in which the original appointment was made
(d) A member of the Commission shall serve without
compensation as such. The Secretary is authorized to pay the
expense reasonably incurred by the Commission in carrying out
its responsibilities under this Act on vouchers signed by the
Chairman.
(e) The Secretary or his designee shall, from time to time,
consult with the Commission with respect to matters relating to
the development of the Indiana Dunes [National Lakeshore]
National Park and with respect to the provisions of sections 4,
5, and 6 of this Act.
(f) The Advisory Commission is authorized to assist with the
identification of economically and environmentally acceptable
areas, outside of the boundaries of the [lakeshore] Park, for
the handling and disposal of industrial solid wastes produced
by the coal-fired powerplant in Porter County, Indiana, section
21, township 37 north, range 6 west.
Sec. 8. Nothing in this Act shall deprive the State of
Indiana or any political subdivision thereof of its civil and
criminal jurisdiction over persons found, acts performed, and
offenses committed within the boundaries of the Indiana Dunes
[National Lakeshore] National Park or of its right to tax
persons, corporations, franchises, or other non-Federal
property on lands included therein.
Sec. 9. The Secretary may expend such sums as may be
necessary from the Land and Water Conservation Fund for
acquisition of lands and interests in lands, and not to exceed
$27,500,000 for development: Provided, That not more than
$500,000 of said amount may be appropriated for the development
of the Paul H. Douglas Environmental Education Center
authorized pursuant to section 20 of this Act. By October 1,
1979, the Secretary shall develop and transmit to the
Committees on Interior and Insular Affairs of the United States
Congress a general management plan detailing the development of
the [national lakeshore] National Park consistent with the
preservation objectives of this Act, indicating:
(1) the facilities needed to accommodate the health,
safety, and recreation needs of the visiting public;
(2) the location and estimated costs of all
facilities, together with a review of the consistency
of the master plan with State, areawide, and local
governmental development plans;
(3) the projected need for any additional facilities
within the [national lakeshore] National Park; and
(4) specific opportunities for citizen participation
in the planning and development of proposed facilities
and in the implementation of the general management
plan generally.
The Secretary shall conduct a feasibility study of establishing
United States Highway 12 as the ``Indiana Dunes Parkway'' under
the jurisdiction of the National Park Service. The Secretary
shall submit the results of such study to the Committee on
Interior and Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate within two years after
October 29, 1986. Effective October 1, 1986, there is
authorized to be appropriated such sums as may be necessary for
the purposes of conducting the feasibility study.
Sec. 10. Nothing in this Act shall diminish any existing (as
of March 1, 1975) rights-of-way or easements which are
necessary for high voltage electrical transmission, pipelines,
water mains, or line haul railroad operations and maintenance.
Nothing in this Act shall be construed to diminish the existing
property rights of Northern Indiana Public Service Company (as
of October 1, 1986) with respect to--
(1) a parcel of land owned in fee by the Northern
Indiana Public Service Company and used for high
voltage electrical transmission lines, pipelines, and
utility purposes, beginning at said Company's Dune
Acres substation and extending east to said Company's
Michigan City Generating Station, which parcel by this
Act is included within the boundaries of the Indiana
Dunes [National Lakeshore] National Park and herein
designated as area II-I on National Park Service
Boundary Map No. 626-80,033-B, dated October 1986,
excluding that certain parcel of approximately 6.0
acres adjacent Mineral Springs Road in areas II-I, and
(2) land owned in fee by the Northern Indiana Public
Service Company and used for high voltage electrical
transmission lines, pipelines, and utility purposes as
has by this Act been included within the boundaries of
the Indiana Dunes [National Lakeshore] National Park
and herein designated as area II-H on said National
Park Service Boundary Map No. 626-80,033-B.
Sec. 11. (a) Nothing in this Act shall be construed as
prohibiting any otherwise legal cooling, process, or surface
drainage into the part of the Little Calumet River located
within the [lakeshore] Park : Provided, That this subsection
shall not affect nor in any way limit the Secretary's authority
and responsibility to protect park resources.
(b) The authorization of lands to be added to the [lakeshore]
Park by the Ninety-fourth Congress and the administration of
such lands as part of the [lakeshore] Park shall in and of
itself in no way operate to render more restrictive the
application of Federal, State, or local air and water pollution
standards to the uses of property outside the boundaries of the
[lakeshore] Park, nor shall it be construed to augment the
control of water and air pollution sources in the State of
Indiana beyond that required pursuant to applicable Federal,
State, or local law.

* * * * * * *

Sec. 14. Within one year after the date of the enactment of
this section, the Secretary shall submit, in writing, to the
Committees on Interior and Insular Affairs and to the
Committees on Appropriations of the United States Congress a
detailed plan which shall indicate--
(1) the lands which he has previously acquired by
purchase, donation, exchange, or transfer for
administration for the purpose of the [lakeshore] Park;
and
(2) the annual acquisition program (including the
level of funding) which he recommends for the ensuing
five fiscal years.

* * * * * * *

Sec. 18. (a) By July 1, 1977, the Secretary shall prepare and
transmit to the Committees on Interior and Insular Affairs of
the United States Congress a study of areas III-A, III-C, and
II-A, as designated on map numbered 626-91007. The Secretary
shall make reasonable provision for the timely participation of
the State of Indiana, local public officials, affected property
owners, and the general public in the formulation of said
study, including, but not limited to, the opportunity to
testify at a public hearing. The record of such hearing shall
accompany said study. With respect to areas III-A and III-C,
the study shall (a) address the desirability of acquisition of
any or all of the area from the standpoint of resource
management, protection, and public access; (b) develop
alternatives for the control of beach erosion if desirable,
including recommendations, if control is necessary, of
assessing the costs of such control against those agencies
responsible for such erosion; (c) consider and propose options
to guarantee public access to and use of the beach area,
including the location of necessary facilities for
transportation, health, and safety; (d) detail the recreational
potential of the area and all available alternatives for
achieving such potential; (e) review the environmental impact
upon the [lakeshore] Park resulting from the potential
development and improvement of said areas; and (f) assess the
cost to the United States from both the acquisition of said
areas together with the potential savings from the retention of
rights of use and occupancy and from the retention of the
boundaries of the [lakeshore] Park, as designated on map
numbered 626-91007, including the costs of additional
administrative responsibilities necessary for the management of
the [lakeshore] Park, including the maintenance of public
services in the town of Beverly Shores, Indiana. With respect
to area II-A, the Secretary shall study and report concerning
the following objectives: (a) preservation of the remaining
dunes, wetlands, native vegetation, and animal life within the
area; (b) preservation and restoration of the watersheds of
Cowles Bog and its associated wetlands; (c) appropriate public
access to and use of lands within the area; (d) protection of
the area and the adjacent [lakeshore] Park from degradation
caused by all forms of construction, pollution, or other
adverse impacts including, but not limited to, the discharge of
wastes and any excessive subsurface migration of water; and (e)
the economic consequences to the utility and its customers of
acquisition of such area.
(b)(1) The Secretary shall enter into a memorandum of
agreement with the Northern Indiana Public Service Company
(referred to as ``NIPSCO'') that shall provide for the
following with respect to the area referred to as Unit II-A on
the map described in the first section of this Act (referred to
as the ``Greenbelt''):
(A) NIPSCO shall provide the National Park
Service with access for resource management and
interpretation through the Greenbelt and across
the dike for purposes of a public hiking trail.
(B) The National Park Service shall have
rights of access for resource management and
interpretation of the Greenbelt area.
(c) NIPSCO shall preserve the Greenbelt in
its natural state. If NIPSCO utilizes the
Greenbelt temporarily for a project involving
pollution mitigation or construction on its
adjacent facilities, it shall restore the
project area to its natural state.
(D) If NIPSCO proposes a different use for
the Greenbelt, NIPSCO shall notify the National
Park Service, the Committee on Energy and
Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of
the House of Representatives and make no change
in the use of the property until three years
after the date notice is given.
(2) If a memorandum of agreement is entered into
pursuant to paragraph (1), so long as the memorandum of
agreement is in effect and is being performed, the
Secretary may not acquire lands or interests in land in
the Greenbelt belonging to NIPSCO.
Sec. 19. After notifying the Committees on Interior and
Insular Affairs of the United States Congress, in writing, of
his intentions to do so and of the reasons therefor, the
Secretary may, if he finds that such lands would make a
significant contribution to the purposes for which the
[lakeshore] Park was established, accept title to any lands, or
interests in lands, located outside the present boundaries of
the [lakeshore] Park but contiguous thereto or to lands
acquired under this section, such lands the State of Indiana or
its political subdivisions may acquire and offer to donate to
the United States or which any private person, organization, or
public or private corporation may offer to donate to the United
States and he shall administer such lands as a part of the
[lakeshore] Park after publishing notice to that effect in the
Federal Register.
Sec. 20. (a) The Indiana Dunes [National Lakeshore] National
Park is hereby dedicated to the memory of Paul H. Douglas in
grateful recognition of his leadership in the effort to
protect, preserve, and enhance the natural, scientific,
historic, and recreational value of the [lakeshore] Park for
the use, enjoyment, and edification of present and future
generations.
(b) To further accomplish the purposes of subsection (a) of
this section, the Secretary of the Interior shall designate the
west unit of the [lakeshore] Park as the ``Paul H. Douglas
Ecological and Recreational Unit'' and shall, subject to
appropriations being granted, design and construct a suitable
structure or designate an existing structure within the
[lakeshore] Park to be known as the ``Paul H. Douglas Center
for Environmental Education'' which shall provide facilities
designed primarily to familiarize students and other visitors
with, among other things: (1) the natural history of the
[lakeshore] Park and its association with the natural history
of the Great Lakes region; (2) the evolution of human
activities in the area; and (3) the historical features which
led to the establishment of the [lakeshore] Park by the
Congress of the United States.
(c) To inform the public of the contributions of Paul H.
Douglas to the creation of the [lakeshore] Park, the Secretary
of the Interior shall provide such signs, markers, maps,
interpretive materials, literature, and programs as he deems
appropriate.
Sec. 21. (a) The Secretary in consultation with the Secretary
of Transportation, shall conduct a study of various modes of
public access into and within the [lakeshore] Park which are
consistent with the preservation of the [lakeshore] Park and
conservation of energy by encouraging the use of transportation
modes other than personal motor vehicles.
(b) In carrying out the study, the Secretary shall utilize to
the greatest extent practicable the resources and facilities of
the organizations designated as clearinghouses under title IV
of the Intergovernmental Cooperation Act of 1968 as implemented
by Office of Management and Budget Circular A-95, and which
have comprehensive planning responsibilities in the regions
where the [lakeshore] Park is located, as well as any other
agencies or organizations which the Secretary may designate.
The Secretary shall make provision for timely and substantive
consultations with the appropriate agencies of the States of
Indiana and Illinois, local elected officials, and the general
public in the formulation and implementation of the study.
(c) The study shall address the adequacy of access facilities
for members of the public who desire to visit and enjoy the
[lakeshore] Park. Consideration shall be given to alternatives
for alleviating the dependence on automobile transportation.
The study of public transportation facilities shall cover the
distance from cities of thirty-five thousand population or more
within fifty miles of the [lakeshore] Park.
(d) The study shall include proposals deemed necessary to
assure equitable visitor access and public enjoyment by all
segments of the population, including those who are physically
or economically disadvantaged. It shall provide for retention
of the natural, scenic, and historic values for which the
[lakeshore] Park was established, and shall propose plans and
alternatives for the protection and maintenance of these values
as they relate to transportation improvements.
(e) The study shall examine proposals for the renovation and
preservation of a portion of the existing South Shore Railroad
passenger car fleet. The study shall consider the historic
value of the existing rolling stock and its role in
transporting visitors into and within the [lakeshore] Park.
(f) The study shall present alternative plans to improve,
construct, and extend access roads, public transportation, and
bicycle and pedestrian trails. It shall include cost estimates
of all plans considered in this study, and shall discuss
existing and proposed sources of funding for the implementation
of the recommended plan alternatives.
(g) The study shall be completed and presented to the
Congress within two complete fiscal years from the effective
date of this provision.
(h) Effective October 1, 1981, there is hereby authorized to
be appropriated not to exceed $200,000 for this study.
Sec. 22. In exercising his authority to acquire property
under this Act, the Secretary shall give prompt and careful
consideration to any offer made by an individual owning
property within the [lakeshore] Park to sell such property, if
such individual notifies the Secretary in writing that the
continued ownership of such property is causing, or would
result in, undue hardship.
Sec. 23. (a) The Secretary may acquire only such interest in
that portion of area VII-A which is described in subsection (b)
as the Secretary determines is necessary to assure public
access over said portion of area VII-A.
(b) The portion of area VII-A, as designated on the map
referred to in section 460u of this title, to which subsection
(a) applies is a parcel of land bounded--
(1) on the east by a line three hundred feet east of
the electrical transmission line crossing area VII-A on
January 1, 1979;
(2) on the west by a line fifty feet west of such
electrical transmission line; and
(3) on the north and south by the northern and
southern boundaries, respectively, of area VII-A.
(c) Area VII-A includes the bed of the railroad tracks
forming the northern and northwestern boundaries of this area
and extends to the northern edge of the bed of the railroad
tracks forming the southern boundaries of this area.
(d) Area I-D includes the bed of the railroad tracks along
the northern boundary of this area.
(e) The area designated as area VII-C on the map referred to
in section 1 does not include approximately 1.3 acres of land
on which the Linde Air Products plant is situated, nor does it
include approximately 1 acre of land on which the Old Union
Station building and the adjacent REA building are situated.
Except as provided in the foregoing sentence, area VII-C
extends to, but does not include, the beds of the railroad
tracks forming the northern and southern boundaries of such
area.

SEC. 24. LITTLE CALUMET RIVER AND BURNS/PORTAGE WATERWAY.

(a) The Secretary may enter into a cooperative agreement with
the Little Calumet River Basin Development Commission, the
State of Indiana or any political subdivision thereof for the
planning, management, and interpretation of recreational
facilities on the tract within the boundaries of Indiana Dunes
[National Lakeshore] National Park identified as tract numbered
09-177 or on lands under the jurisdiction of the State of
Indiana or political subdivision thereof along the Little
Calumet River and Burns Waterway. The cooperative agreement may
include provision for the planning of public facilities for
boating, canoeing, fishing, hiking, bicycling, and other
compatible recreational activities. Any recreational
developments on lands under the jurisdiction of the National
Park Service planned pursuant to this cooperative agreement
shall be in a manner consistent with the purposes of this Act,
including section (b).
(b) The Secretary shall conduct a study regarding the options
available for linking the portions of the [lakeshore] Park
which are divided by the Little Calumet River and Burns/Portage
Waterway so as to coordinate the management and recreational
use of the [lakeshore] Park. The Secretary shall submit the
results of the study to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate within two years after October 29, 1986. Effective
October 1, 1986, there is authorized to be appropriated such
sums as may be necessary for the purposes of conducting the
study.

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